[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices]
[Page 43942-43943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-55]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0080]
Children's Products Containing Lead; Technological Feasibility of
100 ppm for Lead Content; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Notice
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SUMMARY: Section 101(a) of the Consumer Product Safety Improvement Act
(``CPSIA'') provides that, as of August 11, 2011, children's products
may not contain more than 100 parts per million (``ppm'') of lead,
unless the Consumer Product Safety Commission (``CPSC'' or
``Commission''), determines that it is not technologically feasible,
after notice and a hearing and after analyzing the public health
protections associated with substantially reducing lead in children's
products. The reduction can be for a product or product category. This
notice requests comment and information on the technological
feasibility of meeting the 100 ppm lead content limit for children's
products.
DATES: Written comments and submissions in response to this notice must
be received by September 27, 2010.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0080, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following way: Federal
eRulemaking Portal: http://www.regulations.gov. Follow the instructions
for submitting comments. To ensure timely processing of comments, the
Commission is no longer accepting comments submitted by electronic mail
(e-mail) except through http://www.regulations.gov.
Written Submissions
Submit written submissions in the following way: Mail/Hand
delivery/Courier (for paper, disk, or CD-ROM submissions), preferably
in five copies, to: Office of the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East West Highway, Bethesda, MD 20814;
telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received may be posted
without change, including any personal identifiers, contact
information, or other personal information provided, to http://
www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
electronically. Such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD, M.P.H.,
Directorate for Health Sciences, Consumer Product Safety Commission,
4330 East West Highway, Bethesda, Maryland 20814; e-mail
khatlelid@cpsc.gov; telephone (301) 504-7254.
SUPPLEMENTARY INFORMATION:
Section 101(a) of the CPSIA (15 U.S.C. 1278a(a)) provides that, for
products designed or intended primarily for children 12 years old and
younger, the total lead content limit by weight in any part of a
children's product is limited to 300 ppm as of August 14, 2009, and 100
ppm of lead as of August 14, 2011, unless the Commission determines
that it is not technologically feasible to have this lower limit for a
product or product category. The Commission may make such a
determination only after notice and a hearing and after analyzing the
public health protections associated with substantially reducing lead
in children's products. If the Commission determines that the 100 ppm
lead content limit is not technologically feasible for a product or
product category, the Commission shall, by regulation, establish the
lowest amount below 300 ppm that it determines is technologically
feasible.
Unless granted a specific exclusion or determination under the
Commission's regulations at 16 CFR 1500.87 through 1500.91, children's
products, including the components parts of children's products, are
subject to the lead limits and also to the testing and certification
requirements of section 14(a)(2) of the Consumer Product Safety Act
(``CPSA''). (15 U.S.C. 2063(a)(2)).
Through this notice, the Commission invites comment and seeks
information concerning the technological feasibility of meeting the 100
ppm lead content limit for children's products that are not otherwise
excluded from the lead limits. Section 101(d) of the CPSIA (15 U.S.C
1278a(d)) provides that a lead limit shall be deemed technologically
feasible with regard to a product or product category if:
(1) a product that complies with the limit is commercially
available in the product category;
(2) technology to comply with the limit is commercially
available to manufacturers or is otherwise available within the
common meaning of the term;
(3) industrial strategies or devices have been developed that
are capable or will be capable of achieving such a limit by the
effective date of the limit and that companies, acting in good
faith, are generally capable of adopting; or
(4) alternative practices, best practices, or other operational
changes would allow the manufacturer to comply with the limit.
Request for Comments and Information
The Commission requests information on the technological
feasibility for manufacturers to meet the 100 ppm lead content limit
for specific children's products or product categories. The comments
should address products or materials that currently comply with 300 ppm
lead content limit which are required to meet the 100 ppm lead content
limit effective August 14, 2011. Specifically, information is requested
on the following:
1. For products and materials that currently meet the 100 ppm lead
content limit, provide:
(i) information and test data regarding products or materials,
including metals, plastics, glass, or recycled materials that are at or
below the 100 ppm lead content limit (specify which materials were
tested, the number of tests conducted for each material and, for each
material, the percentage of tests that exceed 100 ppm, if any);
(ii) information and data on industrial strategies or devices, if
any, that have enabled the manufacturer to comply with the 100 ppm lead
content limit (specify the methodologies used for each material);
(iii) information and data on the impact, if any, the use of
materials that are compliant with the 100 ppm lead content limit, has
on the functional or safety requirements specified for the product or
product category (specify which materials were used); and
2. For products and materials that currently do not meet the 100
ppm lead content limit, but do meet the 300 ppm lead content limit,
provide:
(i) information and test data showing the lead content of such
products or materials, including metals, plastics, glass, or recycled
materials (specify which materials were tested, the number of tests
conducted for each material and, for each material, the lead content of
the material, and the percentage of tests that are at or below 100 ppm,
if any);
(ii) information and data on whether such products or materials
could be made compliant with the 100 ppm lead content limit through the
use of different products or materials;
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(iii) information and data on the strategies or devices,
alternative practices, best practices, or other operational changes
that may be used to enable the manufacturer to comply with the 100 ppm
lead content limit;
(iv) information and data on the lowest lead content limit under
300 ppm that is technologically feasible for such products or
materials; and
(v) the date(s) by which such products and materials could be
expected to meet the 100 ppm lead content limits.
The Commission also seeks comment on any other factors that could
affect compliance with this requirement.
Dated: July 21, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-18361 Filed 7-26-10; 8:45 am]
BILLING CODE 6355-01-P